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The K-1 visa is usually a safe step for those who were not born in the United States, and who, due to fate, found love in someone with citizenship either permanent residence. However, this visa is NOT a guarantee of a Green Card nor a happy ending for all: according to statistics from the United States Citizenship and Immigration Services (USCIS) rejections of this type of visas They amount to 20,000 applicants each year, that is, almost 40% of the total.
Migrate to the United States and find love in one of its residents and then obtain the citizenship; It sounds like an ideal and romantic story. However, reality prevails over any unplanned dream, and due to the seriousness of US laws, there are many reasons to deny the K-1 visa. If you and your partner believe that this visa is a possibility for you, first make sure you are not subject to the most common mistakes.
Most common reasons for denying the K-1 visa
Lack of proof of authenticity in their relationship
Beyond romantic photos that appear overnight or evidence that the dating relationship is very short, there is another series of signs that raise the alarms of the immigration officers. If the age difference between the spouses is too much, if they are not able to understand each other due to language, or if they have only seen each other virtually; Most likely, the K-1 visa will be denied from the first attempt.
Previous applications for the K1 visa
The past of both spouses matters when it comes to applying for this type of visas: How many times has the sponsoring member tried to bring his or her partner to the US? Or, how many times has the applicant been on the hunt for previous marriages: to apply for residency? It is not that all is lost in these cases, but both will have to gather enough evidence to rule out that they have tried to opt for the K-1 visa too often.
Unwillingness to marry within 90 days
The 90-day period may seem very short under normal circumstances, but for the K-1 visa there is no other way. If the spouses oppose the step that is regulatory par excellence, they could face deportation of the spouse who does not have the permanent residence. The rules are very clear: they have a well-established 90 days to get married, and any immigration progress can only occur if it starts on the right foot.
Both spouses must agree to be monogamous at all times. And beyond the fact that polygamy is illegal throughout the United States, no one will want a “third party” to appear in their record when the time comes to seek citizenship. This rule is especially to avoid express marriages that are only processed to obtain the permanent residence and then end in divorce.
Inability to get married
In addition to committing to absolute monogamy and a clean record for the future citizenshipboth spouses must demonstrate that their marital status does not prevent them from getting married. An unresolved divorce, a common-law partnership in another country, or any indication that prevents two spouses from contracting civil marriage in the USA with all the law, will cause officials to flatly reject the K-1 visa process.
Failure to meet sponsorship requirements
Another great reason to deny the K-1 visa is not having sufficient income to support the future spouse and/or children resulting from the union, or who already exist as dependents. In accordance with immigration laws, the sponsor must comply with the HSS Poverty Guidelines to demonstrate that you can afford your partner’s stay in the US, which will rule out any future public charge.